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…Then the record of appeal (including certified copies of the pleadings, proceedings, judgment, documentary exhibits in the court of the Bungoma District Magistrate, Kakamega Resident Magistrate and the High Court in Kakamega…

…This court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading…

…make a full disclosure of reasons for their failure to earlier plead the special damages rather than go on seeking amendments as and when they were hit by the force of defendant's arguments on their want or lack of proper pleadings…

…In my view, if the learned resident magistrate had not felt able to examine the justice of the defendant’s application and whether there was a triable issue by questioning the defendant and examining the pleadings, he should…

…Returning now to the facts behind this appeal, I come to the pleadings in the suit in the court of the resident magistrate and they are a plaint filed by the respondent on January 14, 1978 and the written statement of defence…

…acts being the means by which such intent is to be carried out or furthered vide in the judgment of Erle J in the case of Reg V Dowling (1843) 3 Cox’s Criminal Cases 509 at page 514., but as is said in Archbold’s Criminal Pleadings…

…notwithstanding that we think and find that overt act 5(b) had not been sufficiently proved, but of course this makes no difference whatsoever to the conviction entered with reference to what is said in Archbold’s Criminal Pleadings…

…It is important to reproduce the order: "Order: By consent the issue raised in the pleadings and the question of costs are referred to arbitration. Each side to have two elders.…

…John Onyango was not sued for trespass, and it would have been contrary to the pleadings for the magistrate to have held that the civil case before him involved trespass to land.…

…The respondent’s case in the senior resident magistrate’s court according to the pleadings was that the appellant had, during the month of January 1977, changed the boundary fixed by the Land Registrar between land parcel…

…It will therefore be seen from the pleadings that the issue I have to determine in this are as follows: (a) Whether the defendant’s servants were negligent; (b) Whether the defendant owed any duty of care (contractual or…

…On the pleadings a dispute of primary fact emerged, making it necessary for evidence to be adduced to prove the relevant customary law as a matter of fact.…

…This led to the subsequent pleadings being wrongly headed. However, I do not think that this affects the substances and merits of the matter and decide the same on merits.…

…Those affidavits constituted the pleadings in this matter.…

…other party to the agreement, or against a person claiming through or under him, in respect of a matter agreed to be referred- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings…

…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…

…Turning to the pleadings, Mr Gautama on behalf of the appellants, has submitted that the question of whether Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue…

…in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions.…

…The appellant’s pleadings and evidence established negligence and it was hence upon the defendant to displace that negligence.…

…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…

…The pleadings closed. Issues were settled and the matter was eventually set down to come for trial. It came on 29th November, 1994, before Hayanga, J. and it was called. According to the record, Mrs.…

…any reason be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings…

…These facts did not emerge at the trial because of a mistake in the pleadings. The jury assessed £50.00 as damages, on the basis that Mrs. Gibbons did not need to allege or prove damage to her credit.…